Adoption Law Questions Arising as a Result of Dobbs Decision Over-Turning Roe v. Wade

Since the US Supreme Court issued its decision over-turning Roe v. Wade in the Dobbs decision and eliminating what had been declared to be a constitutional right of privacy, adoption law attorneys have been getting many phone calls and emails about its effect on family planning and family formation issues.  While many believe this is just an abortion issue, it is actually more complicated than that.  These are some of the questions that many members of the Academy of Adoption and Assisted Reproduction Attorneys are continuing to receive:

  • What is my ability to obtain an abortion, how early in the pregnancy, and will this have any effect on the abortion pills that are available?

 

  • If I am in a state that is banning abortions, can I still get the abortion pill in the mail?

 

  • Do I still have a constitutional right to travel from my state to another state where abortion is permitted, and if I do, will anybody get in trouble?

 

  • Can one state’s laws control what can or cannot take place in another state?

 

  • Should I be concerned about my ability to continue to obtain contraception?

 

  • I am planning to marry my same sex partner. Will I still be able to do so?

 

  • If the constitutional right to same sex marriage is over-ruled, can my marriage to my same sex partner be voided?

 

These are just some of the issues and questions that have arisen.   We urge anyone with these questions to consult with an attorney experienced in these areas of the law.  For a consultation with Don Cofsky,

 

Avoid Adoption Scams

Always make sure to work with a reputable licensed adoption agency and a reputable attorney who specializes in adoptions, such as those who are Fellows of the Academy of Adoption and Assisted Reproduction Attorneys.

Unethical adoption service providers can take advantage of an emotionally charged process to deceive and defraud prospective adoptive parents or birth parents considering adoption. Learn what to look out for, how to protect yourself and your family, and what to do if you think you may be a victim.

Common Adoption Schemes

  • Double matching occurs when a birth mother’s baby is matched to more than one prospective adoptive parent.
  • Fabricated matching occurs when prospective adoptive parents are matched to a fictitious birth mother, a birth mother who is not pregnant, or a birth mother who is not genuinely interested in placing her baby for adoption.
  • Fee-related adoption schemes occur when adoption service providers require prospective adoptive parents to pay exorbitant fees up front or on a recurring bases but fail to provide services promised.

Real or Fake Adoptions - Avoid adoption scams

How to Protect Yourself from Adoption Scams

When choosing an adoption service provider, do your research.  Be aware of what fraudulent providers may do or ask you to do:

  • Misrepresent professional licenses or education
  • Make unsolicited contact to sign up birth mothers or prospective adoptive parents
  • Be difficult to reach via phone or email, despite multiple attempts
  • Unnecessarily control communications between adoption participants
  • Quote highly negotiable and inconsistent fees
  • Encourage prospective adoptive parents to pay expenses immediately to avoid losing out on opportunity to adopt
  • Demonstrate a pattern of requesting additional unexpected fees throughout the process

Make guarantees about the adoption process, such as:

  • Matching within a specified time-frame
  • Birth parents’ willingness to adopt
  • How quickly and easily the adoption will be legally finalized
  • Know other red flags to look out for during the adoption process.
  • Lack of proof of pregnancy or proof of inadequate details, like missing dates
  • History of failed adoptions due to unusual circumstances
  • Adoption participants pressured to sign documents they don’t fully understand
  • Adoption participants encouraged to falsify statements and documents to finalize the adoption

Additionally, birth parents should recognize signs of an exploitative situation, which may include:

  • Being coerced or manipulated into placing a child for adoption
  • Getting assigned prospective adoptive parents without being involved in the choice
  • Being pressured to follow through with an adoption or being told you will have to repay covered expenses if you change your mind

Again, always work with a reputable adoption professional.  If you believe that you are being targeted for and adoption fraud, you can contact the local authorities or FBI, either online or at its local office. To avoid adoption scams, speak with an attorney who specializes in adoptions.  Call Don Cofsky at  856-429-5005.  To schedule a consultation at one of our Pennsylvania or New Jersey offices, call 856-429-5005. You can also talk to our team by filling out our contact form.

NJ Makes Second Parent Adoptions in Assisted Reproduction Matters Much Easier

Couples have often used assisted reproduction technology methods to create their families. Even though both names appear on the birth certificate, one or both of them may not be genetically related to the child. While this is not a problem in New Jersey, Pennsylvania, and some other states, it may raise an issue because a birth certificate is not proof in and of itself of parentage.

In order to have parentage recognized throughout the country, either a Judgment of Parentage or Judgment of Adoption is required. For those couples who do not have a judgment of parentage such as through the New Jersey Gestational Carrier Agreement Act, New Jersey has just made it easier to obtain a Judgment of Adoption by eliminating much of the “red tape.” Fingerprint and child abuse clearances will no longer be necessary. The entire process has been streamlined, and a court appearance will no longer be required. Not only does this make it easier and faster, but it also reduces the cost.

This will make sure that the parent/child relationship is recognized throughout the country.

Getting Legal Assistance During the Process

If you help with second parent adoptions or are considering it, contact the New Jersey adoption lawyer at Cofsky & Zeidman in Haddonfield at (856) 429-5005 or in Woodbury at (856) 845-2555 today to find out how we can help you.

Corona Virus (COVID-19) and Family Formation Through Assisted Reproduction Technology

With this virus spreading throughout the United States and the world, all parties involved in or considering getting involved in family formation through assisted reproduction technology are seeking advice. We already know that travel is being restricted, and for the current time banned internationally from many countries. These travel restrictions as well as those involving quarantines could interfere with using a Gestational Carrier or even preventing Intended Parents from attending the birth of their child or children. These same restrictions may also present problems or delays for medical procedures or screenings which have been scheduled and which involve Gestational Carriers or Donors. With this in mind timing and travel arrangements should be examined very carefully and plans made accordingly.

One of the things to be considered would be to arrange for a temporary guardian of any child who is to be born through an ART arrangement in the event that the Intended Parents cannot travel. This would include a written document as well as a Medical Power of Attorney for the temporary guardian to use.

It is essential that everyone keep up to date with regard to precautions to be taken. This information is being given to the public many times each day and is being constantly updated. More information is available on the website of the CDC at www.cdc.gov/coronaviras/2019/ncov/index.html. Additional information may also be found on the website of the American Society for Reproductive Medicine at www.asrm.org or call me, Donald Cofsky, Esq, to discuss. (856) 429-5005.

 

Separation of Immigrant Families

There has been a lot in the news about children being separated from their parents who have entered the United States either illegally, or who have requested asylum in the United States.

The courts have ordered the federal government to re-unite the children with their parents. Unfortunately, this has not necessarily been occurring.  In fact, it was recently reported that at least 300 individuals were sent back to their home countries in Central America without their children. Their children were then placed into state foster care.  As more and more time has passed, some of the foster families have asked for permanent custody, and although having signed agreements that they would not seek to adopt the children, it appears that this may now be happening.

The states’ foster care systems are not equipped to deal with these children.  Further, and more importantly, the separation of these children whether at a very young age or older, is devastating for them.  This is a situation which must be dealt with and remedied properly.  No child should be taken from his or her parents who may very well be excellent parents, especially when the separation is for punishment unrelated to child care or for political reasons.

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